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  • After some delay, the husband sought a stay of a periodical payments order, arguing that the judge had fallen into error in treating his future earning capacity as a matrimonial asset which could be shared. In circumstances where there was no final version of the judgment, nor a sealed order, Francis J held that it was unfair to hold the relevant time limits against the husband. He agreed that the judge had been plainly wrong, and reduced the annual payments from £150,000 to £68,000. This hearing had been listed for only a day, causing further delay, and he stressed that there is a general duty on counsel and solicitors to inform the court if a time estimate is plainly incorrect. Judgment, 22/07/2019, free
  • A wife’s claim for financial remedy orders, involving properties, companies and debts owed by the couple to the wife's father. The valuation of a company was a major issue, and there was a question as to whether a terminal value should be added. Cohen J preferred the wife's argument that it should not, and disregarded an unreliable best case scenario forecast. He declined to order a sale of shares, as desired by the wife. The husband was to pay the wife a lump sum of £8,948,930, to be reduced pro rata if his shareholding was diminished, plus £15,000 a year per child for school fees. One property would be transferred to the husband, the other to the wife. Judgment, 14/06/2019, free
  • The applicant, a convicted sex offender, applied for an order that a letter of request be issued to the American authorities for the respondent to be examined and required to produce documents relating to supposed assets. The claim being highly speculative, and given the applicant's conduct, Mostyn J concluded that it would be disproportionate and unlawful to grant the application. Judgment, 20/05/2019, free
  • The wife resided in Tenerife and Russia, the husband in London. Following divorce proceedings in Russia, the wife applied for leave to apply for financial relief in England and Wales, pursuant to section 13 of the Matrimonial and Family Proceedings Act 1984. Williams J held that her claim could not be characterised as wholly unmeritorious, and leave was granted. Judgment, 29/04/2019, free
  • In financial remedy proceedings, the husband was trying to thwart the wife's claim by asserting that the business and the properties were owned by his mother, in a situation where the true owners had been camouflaged. In virtually every case the actual facts would determine the real ownership of a piece of property, and an enquiry into real ownership would consider the intentions of the relevant actors. Conveyancers were urged to record how the beneficial interest is to be held. Mostyn J found that the business and properties were owned 50:50 by the husband and wife. Judgment, 27/03/2019, free

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